Participants
in an action which took place in January are to face a judge 4 April 2014. If
they fail to appear, they face an additional fine.
On 27 January 2014 in Tashkent, 7 citizens of Uzbekistan and one citizen
of Ukraine submitted a petition to the Ukrainian Embassy in Tashkent (the text
is attached, in Ukrainian). They photographed themselves with the flag of
Ukraine at the embassy. Then they drove to the Taras Shevchenko monument, where
they photographed themselves with the flags of Ukraine and Georgia. After this,
they passed through the mahalla to the Khazrati (Khast) Muslim complex and
photographed themselves there.
Later, these photographs appeared on the sites of many independent
Internet publications and were perceived as a show of solidarity with
participants in the action “For a Free Ukraine” on EuroMaidan in Kiev – in
support of those protesting and advocating for the integration of Ukraine with
the Europe Union.
Three days later, it turned out that the Uzbek authorities had declared
the action by the 8 participants an “organization of an unauthorized rally and
picket” and punished them with a fine and administrative arrest. The terms
“rally,” “picket,” “street procession” and “demonstration” are not defined in
the national legislation of Uzbekistan.
On 29 January 2014, at about 20:00, Shukhrat Nurmukhamedov, a police
precinct inspector and four officers of the Main Department of Internal Affairs
of the city of Tashkent came to the home of Umida Akhmedova, a photo artist and
documentary film-maker. They did not introduce themselves. They took away Umida
Akhmedova and her son, the photo artist Timur Karpov, for a “chat.” They did
not explain the reason for their detention, and did not show any papers
justifying the detention. The policemen wrote out the summons to the police
department only after being asked to do so by the detainees.
The same occurred with all the other participants in the action.
- Information about the participants in the photographic session:
1. Timur Karpov, born 23
January 1990 in Tashkent. Citizen of Uzbekistan. Studied at Tashkent Theatre
Institute in the film-making department, left after one year. One-man show at
the Ilkhom Theater in 2009. Took part in group exhibits in St. Petersburg in
2008, in Uglich in 2013 and in Minsk in 2013. On 25 January 2014 at the House
of Photography in Tashkent at the initiative of the Neformat Photo Club, a
photo exhibit opened titled “One Space.” Among the participants was Timur
Karpov. He presented photographs from the cycle “Abandoned Cities.” His work
was banned from the show two hours before the exhibit due to the wishes of two
directors of the Academy of Arts of Uzbekistan – Akmal Nur, chairman, and his
deputy, Ravshan Mirtadzhiev. The decision about the censoring of free art
provoked a conflict.
Under administrative arrest from 29 to 30 January 2014. By order of the
Khamzin Court for Criminal Cases, on 30 January, under Art. 201 of the Code of the
Republic of Uzbekistan for Administrative Liability (Violation of the procedure of organizations for conducting assemblies,
rallies, street processions or demonstrations), was sentenced to a fine of
5,766,300 soms, which at the official rate is US $2,597. At the trial, an
amount twice as less as what was indicated in the decree was announced.
2. Umida Ahmedova, born 21
October 1955 in Parkent. Citizen of Uzbekistan. Photo artist and documentary
film-maker. Graduated from cultural and education academy in Vladimir (photo
and film-making department) and in 1986 from the All-Union State Institute of
Cinematography (VGIK). Author of documentary films, “Burden of Virginity,”
“Women and Men in Rites and Rituals,” and the photo album “Women and Men from
Dusk to Dawn,” for which she was sentenced in February 2010 on charges of
“insult” and “libel.” The court did not specify a punishment, since immediately
after being sentenced, she was amnestied. (The Supreme Court of Uzbekistan has
yet to review her appeal to date.)
Under administrative arrest from 29 to 30 January 2014. By decree of the
Khamzin Court for Criminal Cases on 30 January under Art. 201 of the Code of
the Republic of Uzbekistan for Administrative Liability was fined 2,402,625
soms (US $1,082). (This amount was announced in court, but Ahmedova did not receive the decree. It is possible that
it contains the amount US $2,597.)
3. Alexei Ulko was born on 26
February 1969 in Samarkand. Citizen of Uzbekistan. Lives in Tashkent.
Education: Uzbek State University of World Languages (Tashkent) and College of St
Mark and St John (Plymouth, Great Britain). Teaches English at the British
Council in Tashkent.
Under administrative arrest from 29 January through 14 February 2014. By
decree of the Khamzin Court for Criminal Cases on 30 January under Art. 201 of
the Code of the Republic of Uzbekistan for Administrative Liability, was
arrested for 15 days, and served the term in full.
4. Ashot Dannelyan, born 6
November 1983, in Tashkent. Citizen of Uzbekistan. Lives in Tashkent. Leader of
the rock group Wings of Origami.
Under administrative arrest from 29 January to 8 February 2014. By
decree of the Khamzin Court for Criminal Cases, on 30 January, under Art. 201
of the Code of the Republic of Uzbekistan for Administrative Liability, was
arrested for 15 days, and released after 8 days.
5. Gulsum Osmanova, born in
Baku. Lives in Tashkent. Citizen of Uzbekistan. Not subjected to administrative
punishment, does not figure in the court decree.
6. Ilgar Gasymov. Citizen of
Uzbekistan. Permanent resident of Tashkent. Member of the rock group Wings of
Origami.
Under administrative arrest from 29 to 30 January 2014. By decree of the
Khamzin Court for Criminal Cases, on 30 January under Art. 201 of the Code of
the Republic of Uzbekistan for Administrative Liability was fined 5,766,300
soms ($2,597). At the trial, the amount announced was twice as less as that
indicated in the decree.
7. Artem Lyudny, born in Kiev. Citizen of Ukraine. Permanent resident of Tashkent. Worked
in an advertising company. Studied sociology at International Solomon
University.
Under administrative arrest from 29 January through 5 February 2014. By
decree of the Khamzin Court for Criminal Cases, on 30 January under Art. 201 of
the Code of the Republic of Uzbekistan for Administrative Liability, was
arrested for 15 days, and released after 8 days.
8. D.B. (At the request of the petitioner, I am not indicating his name). Citizen of Uzbekistan. Permanent resident of
Tashkent.
Under administrative arrest from 29 through 30 January 2014. By decree
of the Khamzin Court for Criminal Cases, on 30 January under Art. 201 Code of
the Republic of Uzbekistan for Administrative Liability, was fined 4,805,250
sums ($2,165). At the trial, the amount announced was twice as less as what was
indicated in the decree.
On 17 February 2014, Bakhritdinova filed an appeal to the city court.
There is no official notice yet of the date of the trial and its decision.
The participants in the action were sent court summons. They stated that
on 4 April 2014 they must appear
before the judicial executor A.A. Tilavov. In
the event they fail to appear without a valid reason, a fine of 961,050 sums
will be imposed on them in accordance with Art. 198 (Non-fulfilment of the
lawful demands or obstruction of the fulfillment of official duties of a
representative of the government) of the Code of the Republic of Uzbekistan on
Administrative Liability and Art. 82 (Liability for non-fulfillment of an
executive document and obstruction of its executor) of the Law of the Republic
of Uzbekistan (“On the execution of judicial acts and other bodies). The
decision of the court regarding the participants in the action went into force
on 17 February 2014, but none of them have received an official notice of this
yet.- System
As has been proven by practice, in Uzbekistan, administrative punishment
becomes a formal basis for restricting the rights of the active part of the
population. They are arrested for a period of up to 15 days; the amount of the
fine can exceed activists’ annual salary. Often, criminal prosecution will
follow administrative punishment. Human rights defender Fakhriddin Tillayev has
found himself in this situation. In September 2013, he was arrested for 15 days
and fined, and then sentenced to imprisonment for more than 8 years.
The situation of Sergei Naumov, a freelance correspondent for the online
publication Fergana.ru is also alarming. The city court in Urgench issued a
decision on 21 September 2013 at an open court session regarding actions he had
supposedly committed, characterized as “petty hooliganism and violation of
public order” (Art. 183 of the Administrative Code of Uzbekistan). Sergei
Naumov spent 12 days of arrest in inhumane conditions. His attempts to appeal
the court decree were unsuccessful due to pressure placed on his attorney and
Naumov himself. From several indications, at the present time the interest on
the part of government agencies in him is growing, which is leading to a restriction
of his rights and mean that conditions may exist for a new provocation.
Association for
Human Rights in Central Asia believes that
regarding the participants in the public action “For Free Ukraine,” the
following are violated:
Constitution of Uzbekistan, in particular:
- Art. 29 – “Every citizen has the right to freely
express his opinion”;
-Art. 33 – “Citizens have the right to exercise their
civic activity in the form of rallies, assemblies and demonstrations in accordance
with the legislation of the Republic of Uzbekistan.”
International Covent on Civil and Political Rights, in
particular:
- Art. 19
1. Everyone shall have the
right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right
shall include freedom to seek, receive and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing or in print, in the
form of art, or through any other media of his choice.
- Art. 21
1. The right of peaceful
assembly shall be recognized
Association
for Human Rights in Central Asia has sent the UN Special Rapporteur on Freedom of Expression, the
European Union special Rapporteur on Human Rights, and the European Union
Special Rapporteur on Central Asia, international human rights organizations
and diplomats of democratic countries a statement on the non-observance of
obligations under international human rights agreements.
See also: Press
Release “Uzbekistan: 6 picketers arrested, their whereabouts remain unknown” from 30 January 2014.